Indiana · Divorce laws · Updated Oct 2026
Indiana divorce laws
Who can file for divorce in Indiana, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Indiana
- Who can file (residency)
- You or your spouse must have lived in Indiana (or been stationed at a military base there) for 6 months, and in the county where you file for 3 months, right before filing.
- Waiting period
- The final hearing can't be held, and a summary (agreed) decree can't be entered, until at least 60 days after the petition is filed.
- Court
- Circuit or Superior Court in the county where you or your spouse live
- Official forms
- Divorce forms (Indiana courts)
- Court self-help
- Divorce self-help (Indiana courts)
- Filing fee
- $157 to file a new civil case, or $185 including sheriff service (Indiana Legal Help).
- If you can't afford the fee
- Ask the court to waive the fee with a filing fee waiver request; Indiana Legal Help explains the requirements and links the form: https://indianalegalhelp.org/filing-fee-frequently-asked-questions/
- Simpler process for agreed cases
- Summary dissolution: if both of you sign verified papers waiving the final hearing and either say nothing is contested or attach a signed settlement agreement, the court can enter the decree without a hearing at least 60 days after filing (Ind. Code 31-15-2-13). Indiana Legal Help has packets for agreed divorces with and without children.
- E-filing
- Yes. Self-represented people can e-file through Indiana's e-filing system; see https://indianalegalhelp.org/how-to-electronically-file-forms-with-the-court/
- Law
- Ind. Code 31-15-2-6 · Ind. Code 31-15-2-10, 31-15-2-13
Divorce in Indiana, step by step
Check that you can file in Indiana
You or your spouse must have lived in Indiana (or been stationed at a military base there) for 6 months, and in the county where you file for 3 months, right before filing.
Get the official forms
Use the court's official divorce forms: Divorce forms (Indiana courts) Summary dissolution: if both of you sign verified papers waiving the final hearing and either say nothing is contested or attach a signed settlement agreement, the court can enter the decree without a hearing at least 60 days after filing (Ind. Code 31-15-2-13).
File the papers and pay the fee, or ask for a waiver
File with the Circuit or Superior Court in the county where you or your spouse live. Filing fee: $157 to file a new civil case, or $185 including sheriff service (Indiana Legal Help). Can't afford it? Ask the court to waive the fee with a filing fee waiver request; Indiana Legal Help explains the requirements and links the form: https://indianalegalhelp.org/filing-fee-frequently-asked-questions/.
Serve your spouse
Your spouse must be served with the petition and summons, usually by certified mail or the sheriff.
Your spouse responds
The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The final hearing can't be held, and a summary (agreed) decree can't be entered, until at least 60 days after the petition is filed.
Agree, or go to mediation or a hearing
Common; courts often order mediation in contested family cases. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. List the maiden or previous name you want restored in your petition; the court grants it when it enters the decree (Ind. Code 31-15-2-18).
Free tools for Indiana
Pre-set for Indiana. They run in your browser and send nothing.
Divorce timeline estimator for Indiana
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Indiana
- No-fault ground
- irretrievable breakdown of the marriage
- Fault grounds
- Also allowed
- Law
- Ind. Code 31-15-2-3 (other grounds: felony conviction after marriage, impotence, incurable insanity for 2 years)
Property and debts in Indiana
- System
- Equitable distribution
- The rule
- All property of both spouses goes into the marital pot, and the court presumes an equal split is fair. Either spouse can argue for a different split based on things like who brought property into the marriage, gifts and inheritances, contributions, and economic circumstances.
- Law
- Ind. Code 31-15-7-4, 31-15-7-5
Alimony (spousal support) in Indiana
Called maintenance, and limited. The court may order it only (1) for a spouse who is physically or mentally incapacitated, during the incapacity; (2) for a spouse caring for an incapacitated child who must stay home; or (3) as rehabilitative maintenance for education or training, for no more than 3 years after the decree. Ind. Code 31-15-7-2.
Children: custody and support in Indiana
- What Indiana calls custody
- custody and parenting time (Indiana Parenting Time Guidelines)
- Parenting class
- No statewide requirement was confirmed; many counties require a co-parenting class in divorces with children. Check your local court rules.
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Indiana Department of Child Services, Child Support Bureau
Serving your spouse in Indiana
- How your spouse gets the papers
- Your spouse must be served with the petition and summons, usually by certified mail or the sheriff. Your spouse can also sign an appearance or waiver.
- Law
- Ind. Trial Rule 4; Indiana Legal Help (How to serve divorce papers)
Going back to a former name in Indiana
Yes. List the maiden or previous name you want restored in your petition; the court grants it when it enters the decree (Ind. Code 31-15-2-18).
Mediation in Indiana
Common; courts often order mediation in contested family cases. Information: https://www.in.gov/courts/selfservice/mediation
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Indiana: If you are in danger, call 911. Protective order information and forms: https://www.in.gov/courts/selfservice/protection-orders
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Free help in Indiana
Good to know in Indiana
- Indiana alimony is narrow: aside from incapacity cases, it is rehabilitative and capped at 3 years (Ind. Code 31-15-7-2).
- A woman who wants her former name back must ask in the petition, and the court must grant it with the decree (Ind. Code 31-15-2-18).
Divorce checklist for Indiana
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Indiana
How long do you have to live in Indiana to file for divorce?
You or your spouse must have lived in Indiana (or been stationed at a military base there) for 6 months, and in the county where you file for 3 months, right before filing.
How long does a divorce take in Indiana?
The final hearing can't be held, and a summary (agreed) decree can't be entered, until at least 60 days after the petition is filed.
What are the grounds for divorce in Indiana?
Indiana's no-fault ground is irretrievable breakdown of the marriage. Fault grounds are also allowed.
Is Indiana a community property state?
No. Indiana uses equitable distribution. All property of both spouses goes into the marital pot, and the court presumes an equal split is fair. Either spouse can argue for a different split based on things like who brought property into the marriage, gifts and inheritances, contributions, and economic circumstances.
How much does it cost to file for divorce in Indiana?
$157 to file a new civil case, or $185 including sheriff service (Indiana Legal Help).
Can I get the divorce filing fee waived in Indiana?
Ask the court to waive the fee with a filing fee waiver request; Indiana Legal Help explains the requirements and links the form: https://indianalegalhelp.org/filing-fee-frequently-asked-questions/
Is there a simpler divorce process in Indiana?
Summary dissolution: if both of you sign verified papers waiving the final hearing and either say nothing is contested or attach a signed settlement agreement, the court can enter the decree without a hearing at least 60 days after filing (Ind. Code 31-15-2-13). Indiana Legal Help has packets for agreed divorces with and without children.
Can I change my name back in a divorce in Indiana?
Yes. List the maiden or previous name you want restored in your petition; the court grants it when it enters the decree (Ind. Code 31-15-2-18).
Is mediation required in a divorce in Indiana?
Common; courts often order mediation in contested family cases. Information: https://www.in.gov/courts/selfservice/mediation
Do divorcing parents have to take a class in Indiana?
No statewide requirement was confirmed; many counties require a co-parenting class in divorces with children. Check your local court rules.
How does alimony work in Indiana?
Called maintenance, and limited. The court may order it only (1) for a spouse who is physically or mentally incapacitated, during the incapacity; (2) for a spouse caring for an incapacitated child who must stay home; or (3) as rehabilitative maintenance for education or training, for no more than 3 years after the decree. Ind. Code 31-15-7-2.